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HomeMy WebLinkAboutMC-357 J. 2 3 " ORDINANCE NO. MC-357 ORDINANCE OF THE CITY OF SAN BERNARDINO ESTABLISHING A LOW AND MODERATE INCOME HOUSING REVOLVING FUND. 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 6 BERNARDINO DO ORDAIN AS FOLLOWS: '1 Section 1. Findings and Determinations. It is hereby 8 found and determined: 9 a. that the provision of housing for low and 10 moderate income persons and families is important to the 11 economic and social vitality of the City of San Bernardino: 12 b. that in order to encourage the construction of 13 new housing and the rehabilitation of existing housing, it may 14 be necessary from time to time for the City to provide 15 financial incentives to the builders and owners of such housing: 16 c. that one of the fundamental purposes of 1'1 redevelopment is to expand the supply of low and moderate 18 income housing in the community: 19 d. that the Redevelopment Agency of the City of San 20 Bernardino (the "Agency") may be required by Health & Safety 21 Code Section 33334.2 to deposit a portion of the tax increment 22 revenues it receives in a separate Low and Moderate Income 23 Housing Fund to be used for the purpose of increasing and 24 improving the community's supply of low and moderate income 25 housing available at an affordable housing cost: 26 2'1 28 .T.AD~INO. ""GeeA CA"LSON. ItAUT" L.....,..a N&W..OIIT .."CIoI C'" e. that the Low and Moderate Income Housing Fund created by this Ordinance should be administered by the Agency. II MC-357 2. 2 3 " 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8TIltADL1NG. .,oec... c:....L.ON. .AUTM La."... .....~.T ....eN_ c.. Section 2. Establishment and Maintenance of Fund. There is hereby established a special fund designated "The Low and Moderate Income Housing Fund" which shall be maintained and administered by the Agency on behalf of the City. Moneys shall be appropriated to and deposited in the Fund from time to time by resolution of the Mayor and Common Councilor the Agency. Moneys in the Fund when not required for any of the purposes set forth in Section 3 may be invested in any of the following which at the time are legal investments under the laws of the State of California for moneys held by the Agency: (1) direct obligations of the United States of America (including the obligations issued or held in book-entry form on the books of the Department of the Treasury of the United States of America) or obligations the principal of and interest on which are guaranteed by the United States of America: (2) obligations. debentures. notes or other evidence of indebtedness issued or guaranteed by any of the following: Banks for Cooperatives. Federal Intermediate Banks. Federal Home Loan Bank System. Export-Import Bank of the United States. Federal Financing Bank. Federal Land Banks. Government National Mortgage Association. Federal National Mortgage Association. Farmers' Home Administration. Federal Home Loan Mortgage Corporation or Federal Housing Administration: (3) interest bearing demand or time deposits (including certificates of deposit) in banks and savings and loan associations. secured at all times. in the manner provided by law, by collateral security (described in clauses (1) or (2) of this paragraph) of a market value of no less than the amount of moneys so invested: (4) repurchase -2- MC-357. ). 2 3 " 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .T....OI.INQ. 'l'OCCA C......ON III ItAUTH L...,.... ".WPO.T .IACM Ca agreements with banks, savings and loan associations or government bond dealers reporting to, trading with and recognized as primary dealers by a federal reserve bank, with respect to investment securities described in clauses (l) through (3) of this paragraph, pursuant to Which the seller of such securities agrees to repurchase the same on or before a specified date and for a specified amountr and (S) such other investments as the City may direct. All disbursements from the Fund shall be in the manner provided for City funds with the countersignature of an Agency representative designated by the Agency. Section 3. Purposes. To carry out the purposes of this Ordinance, the moneys on deposit in the Fund may be used and applied for any or all of the following purposes: a. provide subsidies to or for the benefit of persons and families of low and moderate income including loans, grants, and interest subsidies. b. develop plans, pay principal and interest on bonds, loans, advances or other indebtedness, or pay financing or carrying charges. c. acquire, improve, construct or rehabilitate land, building sites, buildings or structures. d. for such other purposes as will encourage the development or rehabilitation of housing for persons and families of low and moderate income. Notwithstanding anything in this section to the contrary, the moneys deposited in the Fund shall not be used in a manner inconsistent with any applicable federal or state laws -3- , MC-357 . , J. " 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 aTltADL.ING. YOCCA c",...aON a .AUT" .....".11. ".W~.T ....COOl_ CA or regulations. For purposes of this Ordinance "persons and families of low or moderate inccme" means persons and families whose income does not exceed 120 percent of area median income. adjusted for family size in accordance with adjustment factors adopted and amended from time to time by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937. Section 4. Implementation Guidelines. The Agency and Common Council shall jointly adopt guidelines for the use and application of the moneys in the Fund. Such guidelines shall set forth criteria for determining eligibility of participants and projects, the amount and character of assistance to be provided and such other matters as the Agency deems necessary for the use and application of the Fund. Section 5. Annual Report. The Agency shall file with the Mayor and Common Council an annual report setting forth the amount of money on deposit in the Fund, the principal amount of any outstanding loans, the principal amount of any grants made during the previous twelve calendar months, the number of low and moderate inccme housing units for which assistance has been provided, and such other information as the Agency or the Mayor and Common Council may deem appropriate. Section 6. The Mayor and Common Council hereby find that in order to provide an orderly procedure for the provision of housing for low and moderate income persons and families it is necessary that the City exercise the powers it has with respect to municipal affairs by virtue of being a charter city. The procedure provided for herein is to be an -4- MC-357 . J. " 2 3 " 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .T......DLING, 'l'OCCA. C."LaON . ....UT" L....,... ...."'PO.T ....e... CA . alternative to any others provided by. under or pursuant to the Charter, ordinances and code provisions of the City or the general laws of the State. I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San . regular Bernardino at an adJourned meeting thereof, held on the 9th day of April , 1984, by the following vote, to wi t: AYES: Council Members Castaneda, Reilly. Hernandez. Marks. Quiel. Frazier NAYS: None ABSENT: Council Member Strickler ~///~~/ / C~ty Cler The foregoing ordinance is hereby approved this /d'- ~ day of April , 1984. form: 6984P/2355/00 -5-